Truck Drivers Hit by Another 18-Wheeler in Texas: Truck Stops, Shoulders, and Your Rights

Truck drivers spend more time on Texas highways than almost anyone, and some of the most dangerous moments come when the truck isn’t moving. A driver parked at a truck stop, stopped on a shoulder or ramp because the lots are full, or doing a walk-around inspection can be hit by another 18-wheeler. When a professional driver is injured by another commercial truck, the claim involves federal safety rules, more than one trucking company, and questions about who carries what insurance. Here is what injured drivers should know.

How do truck-on-truck crashes happen?

Common situations include:

• Truck stop collisions while another driver backs into a space, pulls through, or makes a tight turn in a crowded lot
• Shoulder and ramp crashes when a truck parked on the shoulder or an on-ramp is hit by a passing 18-wheeler, often at night
• Rear-end crashes into a truck slowed or stopped in traffic or at a work zone (road crews face similar risks; see linemen and road crews hit near work trucks)
• Drivers struck on foot while fueling, inspecting the rig, or putting out warning triangles
• Fatigue-related crashes when the other driver is pushing past hours-of-service limits

What safety rules apply to the other driver?

Commercial drivers must follow the Federal Motor Carrier Safety Regulations. Some of the rules that often matter in these cases:

• Hours of service. A property-carrying driver may drive up to 11 hours after 10 consecutive hours off duty, may not drive beyond the 14th hour after coming on duty, and must take a 30-minute break after 8 cumulative hours of driving (49 C.F.R. § 395.3). Electronic logging device (ELD) records can show whether a driver was over hours.
• Speed, following distance, and attention. Texas traffic laws and federal rules on distracted driving apply to commercial drivers too.

The trucking company that employs the other driver may also be responsible for the driver’s conduct, and sometimes for its own decisions about hiring, training, and supervision.

Can my own conduct affect my claim?

Yes, and insurers will look closely at it. When a commercial vehicle stops on the traveled portion or shoulder of a highway for anything other than a necessary traffic stop, federal rules require the driver to turn on the hazard flashers immediately and, as soon as possible but within 10 minutes, place warning devices behind the truck (49 C.F.R. § 392.22). On a divided highway, devices go at about 10, 100, and 200 feet toward approaching traffic.

The other side may argue that you were parked in an unsafe place or did not put out triangles in time. Texas follows proportionate responsibility, so your recovery is reduced by your share of fault, and you cannot recover if you are found more than 50 percent responsible (Tex. Civ. Prac. & Rem. Code § 33.001). Photos and video of your lights, triangles, and parking location can make a real difference.

Is the truck stop responsible?

Sometimes. A truck stop owes its customers a duty to keep the property reasonably safe, which can include adequate lighting, safe traffic flow, and fixing known hazards. If a poorly lit lot or a dangerous layout contributed to the crash, the truck stop may share responsibility. Our article on Texas slip and fall and premises claims explains how premises claims work.

What if I’m an owner-operator without workers’ comp?

Many owner-operators and independent contractors are not covered by workers’ compensation. Some carry occupational accident insurance, which may pay certain benefits regardless of fault. Either way, you may still have a claim against the at-fault driver and the trucking company they drove for. Company drivers whose employer carries workers’ comp can generally receive comp benefits and also pursue a claim against the other driver and carrier (Tex. Lab. Code § 417.001(a)). If your employer is a non-subscriber, see our article on workers’ comp and non-subscribers.

Are there special rules for lawsuits against trucking companies?

Yes. Texas has specific procedures for injury lawsuits involving commercial motor vehicles. For example, if a trucking company admits that its driver was its employee acting within the scope of employment, its liability for the driver’s ordinary negligence is generally based only on that employment relationship, and the trial may be split into phases (Tex. Civ. Prac. & Rem. Code §§ 72.052, 72.054). These rules affect how a case is built from the start.

Why is evidence so important, and so urgent?

Trucking cases depend on records that can disappear quickly:

• ELD and engine (ECM) data from both trucks, showing speed, braking, and hours
• Dashcam video, including forward-facing and driver-facing cameras
• Truck stop surveillance video, which is often recorded over within days
• Dispatch records, messages, and maintenance files

The Supreme Court of Texas has explained that a party’s duty to preserve evidence arises when it knows or reasonably should know there is a substantial chance a claim will be filed (Brookshire Bros., Ltd. v. Aldridge, 438 S.W.3d 9 (Tex. 2014)). A prompt written preservation letter helps put the other side on notice.

What should I do after being hit by another 18-wheeler?

• Get medical care right away, even if you feel you can keep driving.
• Call police and get the crash report number.
• Photograph both trucks, the scene, your lights and triangles, and any lot or road conditions.
• Get the other driver’s name, company, USDOT number, and insurance.
• Save your own ELD and dashcam data, and do not let anyone overwrite it.
• Be careful with recorded statements to the other carrier’s insurer.

Frequently Asked Questions

Can I make a claim if I was parked on the shoulder because the truck stop was full?

Possibly. Where and why you were parked, and whether you used your flashers and triangles, will be part of the fault analysis. A driver who hits a stopped truck may still be responsible, even if you are found partly at fault.

Who pays for my lost income while I can’t drive?

Depending on your situation, workers’ comp, occupational accident insurance, or a claim against the at-fault driver and carrier may cover lost income. A claim against the at-fault party can also include future lost earning capacity if you cannot return to driving.

How long do I have to file a lawsuit?

The general deadline for a personal injury lawsuit in Texas is two years from the date of the crash (Tex. Civ. Prac. & Rem. Code § 16.003). Wrongful death claims generally must be filed within two years of the death.

Related reading

• What to Do When You Need a Truck Accident Lawyer in San Antonio
• Linemen and Road Crews Hit Near Work Trucks in Texas
• Oil Field Injuries in South Texas: Who May Be Responsible?

Learn more on our Eighteen-Wheeler Crash page.

Talk With Caquias Law Group, PLLC

If you were hurt by another 18-wheeler at a truck stop, on the shoulder, or on the road, Caquias Law Group, PLLC can review what happened in a free consultation and explain your options. Learn more on our Eighteen-Wheeler Crash page. With offices in San Antonio and Harlingen, we represent injured drivers across South Texas. Se habla español.

Call (210) 996-2237 in San Antonio or (956) 435-7789 in Harlingen.

Every case is different, and no particular result is guaranteed. This article is general information, not legal advice.